Sub. for H.B. 2950 would make amendments to current law
and establish new provisions relating to the regulation of confined
animal feeding facilities. Most of the provisions would establish
standards for swine feeding facilities.

The bill would amend the current definition of the term
"habitable structure" so that the term would exclude those
habitable structures owned by a person operating a confined
feeding facility for swine.

Separation Distances

In addition, the bill would establish new separation distances
for new construction or new expansion of confined feeding
facilities for swine. The new separation distances would apply to
distances to "habitable structures" and from any city, county,
state, or federal park in existence when the application for a
permit is submitted to the Kansas Department of Health and
Environment (KDHE). (Sec. 1)

The bill would continue the current separation distance
requirements of 1,320 feet for swine facilities with an animal unit
capacity of 300 to 999 and of 4,000 feet for facilities with an
animal unit capacity of 1,000 to 3,724. A separation distance of
4,000 feet would be required for the expansion of an existing
swine facility to an animal unit capacity of 3,725 or more if the
expansion is within the perimeter of facilities from which distances
are determined under other provisions of the bill. Further, the bill
would establish a new separation distance of 5,000 feet for
construction of new swine facilities with more than 3,725 animal
units or for expansion of existing facilities where the expanded
animal unit capacity will be greater than 3,725 and the expansion
extends outside the perimeter as established by the bill. The bill
would establish new separation distances for new swine facilities
from wildlife refuges. Under this provision the distance from a
wildlife refuge would be 10,000 feet for a facility with a capacity
of between 1,000 and 3,724 animal units and 16,000 feet for
facilities with a capacity of 3,725 or more. (Sec. 1(h)(3))

The new separation distances for new facilities having a
capacity of 3,725 animal units or more or those distances relative
to wildlife refuges would not apply under two conditions. The
first condition would be if there was an application for expansion
of an existing facility and the application had been received before
March 1, 1998. The second condition would be if there was an
application for construction of a new facility and the application
had been received before March 1, 1998. (Sec. 1(j)(3))

The bill would require that separation distances would be
determined from the exterior perimeter of any buildings utilized for
housing swine, any lots containing swine, any waste detention
lagoons or ponds or other manure or wastewater storage structure, and any additional areas designed by the applicant for future
expansion. The distances would not include offices, dwellings, or
feed production facilities. (Sec. 1(k))

The bill also would modify current policy of allowing the
Secretary of KDHE to reduce the separation distances under
certain conditions. One of the current conditions is if the board
of county commissioners of the county submits a written request
to KDHE seeking a reduction of separation distances. Under
provisions of the bill, the county commission would no longer be
able to make this request for a reduction of the separation
distances for expansion or construction of new swine facilities of
more than 3,725 animal units. Separation distances for all sizes
of swine facilities would be permitted to be modified if the
Secretary of KDHE determines that technological improvements
exist to justify the modification of the separation distance. The
Secretary could continue to reduce separation distances when no
substantial objection from owners of habitable structures is
received in response to the notice which is given. (Sec. 1(i)(2)(B)
and (C))

Notice to Owners of Habitable Structures

The bill would require that the applicant for a swine permit
give notice, by certified mail, to all owners of habitable structures
within the separation distances. The operator of the facility or of
the proposed facility would submit to KDHE evidence that the
notice has been given. (Sec. 1(l))

Review of Plans and Specifications

The current law which requires that all plans and specifications submitted to KDHE for new construction or new expansion
of feeding facilities for any livestock may be, but are not required
to be, prepared by a professional engineer or a consultant would
be amended. The bill would amend this provision to require that
the engineer or consultant be approved by KDHE. This provision
would apply to all confined animal feeding facilities. (Sec. 1(m))

The bill would enact a number of new sections of law dealing
specifically with the regulations of confined feeding facilities for
swine. The following is a section by section description of the
major provisions of the remaining provisions of the bill, all of
which relate to confined feeding facilities for swine.

Definitions

New Sec. 2 would establish a number of new definitions
including the following: "best management practices for swine,"
"swine facility," "swine waste retention lagoon or pond," "swine
waste management system," and "significant water pollution
potential," "existing swine facility," and "in existence." The term
"significant water pollution potential" would be defined to mean
any potential for pollution of groundwater or surface water and
defined by rules and regulations adopted by the Secretary. In
addition, the Secretary would be directed to issue rules and
regulations with respect to what constitutes an "animal waste
management system."

Section 2 would also establish a definition for the term
"application." The term "application" would be defined to mean
the application fee, all properly completed and executed documents furnished by the Department and any additional required
documents or information necessary for obtaining a permit,
including but not limited to a registration, construction plans,
specifications, and any required manure management, nutrient
utilization, emergency response, odor control, facility closure and
dead swine handling plans; or registration with the Department
before July 1, 1996, which has not been acted on by the
Department before March 1, 1998.

Notice and Publication Requirements

New Sec. 3 would require KDHE to publish in the Kansas
Register a notice of receipt of the application for a new swine
facility or the expansion of an existing facility which would
include, but not be limited to: the names and addresses of the
operators and the owners of the property where the facility is
located and notice of the availability of more detailed information
regarding the facility. After the receipt of an application for a
permit or for expansion of an existing facility, KDHE would be
required to provide the additional documentation on the Internet
and provide additional access to this information at the KDHE
district office. The additional documentation would contain all the
requirements with which the swine facility must comply and a fact
sheet containing information relating to the location of the facility,
maps showing water wells located on the facility's property, and
a description of the facility including the exterior perimeter of
structures and lagoons which would include information of the
facility's waste management system. Also required would be a
nutrient application plan, including base-line soil tests, and a
statement that the applicant will consult with the county extension agent, qualified agronomist, or individual trained in crop
protection, in order to ensure correct agronomic rates of application are used and records of those consultations will be maintained. (New Sec. 3(a))

The bill also would require there to be established by rules
and regulations of the Secretary of KDHE the form of public notice
for a new swine facility or the expansion of an existing facility.
The bill would require the notice to be by publication in a newspaper of general circulation in the county where the facility is or will
be located, to residents in the vicinity, and to local government
officials. The bill would require specific information to be provided
in the public notification. (New Sec. 3(b) and (c))

The bill would permit KDHE to hold a public meeting or
hearing within 60 days after the conclusion of a required 30-day
comment period. KDHE would be required to hold a public hearing
if a hearing is requested by any owner of a habitable structure
within the appropriate separation distance. KDHE would not be
permitted to make a determination to approve a permit until the
completion of the procedures of this section. In addition, the
public hearings would be conducted only for the purpose of issues
over which the Secretary of KDHE has authority. The bill also
would provide that KDHE could disapprove, at any time, the
issuance of a permit without completing the procedures as
outlined in the bill. Further, the bill would require that KDHE make
a determination to approve or disapprove the issuance of a permit
not later than 180 days after the completed application is filed
with KDHE. (New Sec. 3 (d), (e), (f), and (g))

The bill would require that an operator of a swine facility
submit a registration or application to KDHE before initiating
construction or operation of either a swine facility or a swine
waste management system. When KDHE finds that no permit is
required, construction or operation of the swine facility may be
initiated upon issuance of a certification by KDHE. The bill would
require that when KDHE determines a permit or permit modification is required, construction may be started upon approval of the
application, construction plans, specifications, and swine waste
management plan. The bill would prohibit the operation and
stocking of a swine facility where a permit is required until KDHE
issues a permit. Operations of a permitted swine facility would be
prohibited from increasing the number of swine beyond that
authorized by the permit until KDHE has issued the modified
permit. (New Sec. 3(g))

Separation Distances From Various

Water Sources

New Sec. 4 of the bill would prohibit KDHE from approving a
permit for the new construction or expansion of a swine facility
unless the waste management system is located in the following
manner:

in a place to prevent the impairment of surface water and
groundwater;

outside any 100-year floodplain unless precautions are taken
to flood-proof the facility;

the system is not less than 500 feet from any surface water
if the swine facility has an animal unit capacity of 3,725 or
more; the system is not less than 250 feet from any surface
water if the facility has an animal unit capacity of 1,000 to
3,724; or if the system is not less than 100 feet from any
surface water if the facility has a capacity of under 1,000;

the system is not less than 250 feet from any private drinking
water well (this requirement would not apply if the well is
located within the perimeter from which separation distances
are determined, but if the facility has a capacity of more than
3,725 animal units, the facility operator would be required to
test the waters from the well annually and report the results
to KDHE); and

the system is not less than 1,000 feet from any publicly-owned drinking water well that is in active use. (New Sec. 4)

The bill would provide that the distances from the waste
management system outlined above would not apply in certain
circumstances such as if the facility holds a valid permit, if the
facility permit has been received on the effective date of the bill,
or if an application for the expansion of the facility has been
received on the effective date of the bill. (New Sec. 4(b))

The separation distances outlined above relating to surface
waters also would not apply to any freshwater reservoir or farm
pond that is privately owned if complete ownership of land
bordering the reservoir or pond is under common private ownership. The separation distances would apply if there are any
waters that flow from the reservoir or pond. The Secretary of
KDHE would continue to have authority to protect these reservoirs
or ponds under current authority to protect the public health, the
soils, or waters of the state and its wildlife. (New Sec. 4(c))

Manure Management Plans

The bill would require each applicant for a permit for construction or expansion of a swine facility with 1,000 or more animal
units to submit with the application for a permit a manure
management plan. In addition, each existing swine facility having
a capacity of 1,000 animal units or more would be required to
have a manure management plan submitted to KDHE within 12
months after the rules and regulations implementing this act are
adopted and comply with that plan as soon as practicable. The
bill would require these facilities to also have a nutrient utilization
plan if the methods of disposal of the manure or wastewater
include land application. The bill would require that the manure
management plan be maintained so that it is accessible to
inspection by representatives of KDHE. (New Sec. 5(a), (b), (c),
and (f))

The bill would require that if the operator of the facility does
not own the swine at the facility, the operator would be required
to execute with the owner of the swine a contract that specifies
the responsibility for the management of the manure or
wastewater. (New Sec. 5(g))

The bill also would require that whenever manure or
wastewater generated at the facility is sold or given to a person
who is not employed by the facility and is to be disposed of by
means other than land application on the areas covered by the
nutrient utilization plan, then the operators of the facility are to
maintain a log of each person to whom the manure or wastewater
are sold or given, the hauler, and the date and volume of removal.
(New Sec. 5(h))

Liner Requirements for Certain Facilities

The bill, further, would establish new requirements for the
construction of any new waste retention lagoon or pond where
the groundwater is 25 feet or less from the underneath side of the
liner of the lagoon or pond and is utilized by a facility with an
animal unit capacity of 3,725 or more. Under these conditions,
the bill would require the sides and bottom of the lagoon or pond
to be lined with an impermeable liner on top of a compacted soil
liner with a minimum depth of one foot and maximum seepage
rate of 1/4 inch per day or be constructed with a compacted soil
liner with a minimum depth of one foot and a maximum seepage
rate of 1/8 inch per day. Groundwater monitoring would be
required in this situation. (New Sec. 5(i))

If a swine retention lagoon or pond is utilized by a swine
facility with an animal unit capacity of 3,725 or more and is
located where groundwater is more than 25 feet from the
underneath side of the liner, the sides and bottom would have to
be lined with a compacted soil liner with a minimum depth of one
foot and maximum seepage rate of 1/8 inch per day or by an
impermeable liner on top of a compacted soil liner with a minimum
depth of one foot and maximum seepage rate of 1/4 inch per day.
If these facilities cannot meet the compacted soil liner requirements under this provision, then the bill would require that the
facility be lined with an impermeable liner and a soil liner compacted to the extent possible. When this condition exists, the bill
would require the operator to install at least one upstream and
two downstream groundwater monitoring wells for the primary
lagoon or pond, or employ equivalent technology as provided by
rules and regulations of the Secretary of KDHE if the depth to
groundwater is 150 feet or less.

In the case where retention lagoons or ponds exist on the
effective date of the bill, facilities with a capacity of 3,725 or
more animal units would not be required to install this kind of liner
or meet the seepage rates but, where the groundwater is at a
depth of 150 feet or less, would be required to install one
upstream and two downstream groundwater monitoring wells
around the primary lagoon or pond or employ equivalent technology by January 1, 2000. The requirement for monitoring wells
under this provision would not be required if the groundwater is
at a depth of 25-150 feet and the operator submits to KDHE
engineering or field data that prove compliance with the requirements relating to a having a compacted soil liner with a 1/8 inch
per day seepage rate or an impermeable liner with a compacted
soil liner with a 1/4 inch per day seepage rate. (New Sec. 5(i)(4))

After January 1, 2000, if the Secretary determines, on a
scientific basis, that the standards for waste retention lagoons and
ponds for facilities with 3,725 animal units or more provide
sufficient protection of the groundwater, the bill would permit the
Secretary to increase the animal unit capacity at these facilities.
(New Sec. 5(i)(5))

Specific Authority to Install

Monitoring Wells

In addition, the bill would give authority to the Secretary to
require the installation of groundwater monitoring wells and
sampling therefrom in the vicinity of any swine lagoon or pond
regardless of the facility capacity. (New Sec. 5(j))

Vegetative Screening

Further, the bill would give authority to the Secretary to
require the planting of trees to provide vegetative screening to
control odor and the adoption of any other rules and regulations
concerning the location and construction of waste retention
lagoons and ponds for swine facilities to protect the waters and
the soils of the state and the public health if the facility has 1,000
animal units of swine or more. (New Sec. 5(k) and (l))

Lagoon or Ponds Located Close

to Unplugged Wells

The bill would require that before the issuance of a permit or
approval of plans for a swine facility that KDHE make a determination that there is no unplugged oil or gas well at the planned
location of a lagoon or pond. This determination would be made
after consultation with the Kansas Corporation Commission (KCC).
In addition, the bill would require that if an unplugged well is
discovered at the location of the lagoon or pond, the facility
owner and operator would have the duty to report the discovery
to KDHE. (New Sec. 5(m))

Nutrient Utilization Plans

Sec. 6 of the bill would prescribe the conditions under which
manure or wastewater from permitted swine facilities could be
applied to land. The section would require the development of a
nutrient utilization plan for facilities with 1,000 or more swine
animal units if the manure management plan contains provisions
for the land application of manure or wastewater. Existing
facilities would be required to submit their nutrient utilization plans
within 12 months after the rules and regulations implementing this
act are adopted. The bill would prescribe the contents of any
nutrient utilization plan, which must be approved by the Secretary
of Agriculture. Among other things, the bill would require that
these plans contain a site map of land application areas, crop
rotations, records of soil tests, frequency and timing of applications, the amounts of nitrogen and phosphorus applied, precipitation records, and names of employees and contractors whom the
operator of the facility has identified to supervise the transfer of
manure or wastewater to land application, and records of training
of all personnel who supervise and conduct land application of
manure or wastewater. Each swine facility required to have a
nutrient utilization plan would be required to file the plan with
KDHE and KDHE would forward a copy of it to the Secretary of
the Kansas Department of Agriculture for approval or disapproval.
(New Sec. 6(a)(b))

A provision of the bill also would require that each manure
management plan contain certain provisions for the testing of the
soil for nitrogen, phosphate, chloride, copper, and zinc on land to
which manure or wastewater are to be applied. (New Sec. 6(c))

The bill would mandate that operators of swine facilities
conduct soil tests and manure nutrient analyses to calculate
needed fertility and application rates. If the soil tests demonstrate
that phosphorus levels exceed or are projected to exceed within
five years the phosphorus holding capacity of the soil, then the
manure or wastewater must be applied with the agronomic
phosphorus needs of the crops or pasture where applied. If the
holding capacity for any soils in the facility's land application areas
is expected to exceed the phosphorus holding capacity within five
years, then the operator of the facility would be required to initiate
the process of obtaining access to additional land application
areas as needed. (New Sec. 6(c), (d), and (e))

The bill would prohibit a swine facility which has a nutrient
utilization plan from applying manure or wastewater, other than by
incorporation into the soil during the same day, within 1,000 feet
of any habitable structure; city, county, state, or federal park; or
wildlife refuge. The bill would provide exceptions to this prohibition, including when the manure or wastewater has been subjected to physical or biological treatment for odor reduction
approved by KDHE; the manure or wastewater is applied with
innovative treatment or the application of best management
practices, best available technology, or other technology approved
by KDHE; or the owner of the habitable structure has provided a
written waiver. (New Sec. 6(f))

The setback requirements described above for application of
manure or wastewater would not apply to any structure constructed or park designated after the effective date of the bill, for
swine facilities in existence on the effective date of the bill, or to
any habitable structure constructed (or city, state, federal, or
county park) after submission of an application for a permit for a
new swine facility or expansion of an existing facility. (New Sec.
6(f)(2))

The bill would prohibit the application of swine manure or
wastewater to lands classified on highly erodible land according
to the conservation compliance provisions of the federal Food
Security Act of 1985, and classified as highly erodible on the
basis of erosion resulting from water runoff; during rain storms
except under special conditions; or to frozen or saturated soil
except under special conditions. (New Sec. 6(f)(3))

This section also would establish the requirements for the
application of manure or wastewater from swine facilities which
are required to have a nutrient utilization plan through an irrigation
system. The bill would require that irrigation occur only when
measures are employed which reasonably prevent surface runoff
and use reasonable procedures and precautions to avoid spray
drift from the land to which the manure or wastewater is applied.
The bill would require that equipment used in any land application
process be properly maintained and calibrated so that any
malfunction is detected. (New Sec. 6(f))

Provisions of the bill would require that the operator of each
permitted swine facility that applies manure or wastewater
identify, train and keep current the training of each employee and
contractor who supervises the transfer of manure or wastewater
to land application equipment and the conducting of land application activities. (New Sec. 6(f))

The bill would require that the Secretary of Agriculture make
a determination to approve or disapprove a nutrient utilization plan
not later than 45 days after the plan is received from KDHE. (New
Sec. 6(h))

Training of Operators of Waste

Management Systems

The bill would require the Secretary of KDHE to adopt rules
and regulations with respect to standards for training and
certifying, and for periodic continuing education or recertification
of operators of facilities maintaining or supervising the waste
management system of a permitted swine facility with 1,000
animal units or more. The Secretary also would be required to
adopt procedures for notifying KDHE of any failure of a waste
retention lagoon or pond or any unplanned release of animal
waste. (New Sec. 7)

Emergency Response Plans

Sec. 8 of the bill would require KDHE to promulgate rules and
regulations with respect to permitted swine facilities that require
the establishment of emergency response plans. Emergency
response plans would have to be kept in a readily accessible
location and would require that employees be trained to be
responsible for implementing the emergency response plan. The
bill would require the plan be amended whenever warranted by
changes in the facility or other condition impacting the facility.
(New Sec. 8)

Recordkeeping

Sec. 9 would require the operator of the permitted facility to
keep all records and plans required by the bill at the facility's
office in an accessible place. The records would be subject to
inspection by authorized representatives of KDHE. The bill would
require that the records be kept for three years. (New Sec. 9)

Swine Facility Operator Certification

The bill would require the operator of a facility with 1,000 or
more animal units to be certified by KDHE or by a third party
approved by KDHE. The certified operator would be knowledgeable in management of manure or wastewater, nutrient utilization
planning and implementation, emergency response planning and
implementation, and other requirements of the bill, including the
training of employees in land application and in emergency
response. The bill would allow KDHE to approve a facility without
the operator certificate under certain conditions and would require
that the operator obtain the certification within six months. The
operators of each of these swine facilities would be responsible
for the training of employees or contractors for supervision of land
application of manure or wastewater, the persons who actually
conduct the land application, and for the persons who are
responsible for implementing the emergency response plan. (New
Sec. 10)

Odor Control Plans

The bill would require as a condition of the issuance of a
permit the submission of a plan for odor control. This requirement
would apply to:

a permit for construction or expansion of a swine facility that
has an animal unit capacity of 1,000 or more;

a permit for expansion of a swine facility that would have a
capacity of 1,000 or more; or

renewal of a permit for a swine facility that has a capacity of
1,000 or more. (New Sec. 11(a))

The bill would require that, when a permitted facility is
required to have an odor control plan, the plan would be amended
whenever warranted by changes in the facility or in other conditions affecting the facility. (New Sec. 11(b))

Swine Facility Closure

Sec. 12 of the bill would require a closure plan for any swine
facility which has or will have more than 3,725 animal units. The
operator of a swine facility with more than 3,725 animal units
would be required to demonstrate annually to KDHE that the
operation has financial ability to cover the cost of closure of the
facility. The bill would require amendment of the closure plan
whenever warranted by changes in the facility or in other conditions affecting the facility. (New Sec. 12(a), (b), and (c))

Swine Lagoon or Pond Closure

The bill would establish the conditions under which KDHE
would certify that a swine retention lagoon or pond has fully
complied with closure procedures when the facility has an animal
unit capacity of 3,725 or more. The bill would require the
Secretary of KDHE to establish rules and regulations for demolition
of any waste retention lagoon or pond, or conversion of the
lagoon or pond to another use for facilities with an animal unit
capacity of 3,725 or more. Rules and regulations would establish
standard maximum periods for completion of all closure activities
from the date of cessation of operation to the date of compliance
with all closure requirements. (New Sec. 13)

Swine Facility Inspection

The bill also would require that on and after July 1, 2000,
each swine facility that has a capacity of 3,725 animal units or
more and that has waste retention lagoons or ponds demonstrate
annually to KDHE evidence of financial ability to cover the cost of
closure of the lagoons or ponds. (New Sec. 13)

The bill would require periodic inspections of the facilities and
review of their records. The inspection and review would occur:

every 12 months for swine facilities with a capacity of 3,725
or more animal units;

every 24 months for swine facilities with a capacity of 1,000
to 3,724 animal units;

at the discretion of KDHE for swine facilities with a capacity
of 300 to 999 animal units; and

every six months for permitted swine facilities regardless of
size, if identified as having a specific water pollution problem.
(New Sec. 14(a))

Operators would be required to grant access to facilities, with
appropriate safeguards for the protection of the health of the
animals. Costs associated with the inspection would not be
assessed to the facility except in an emergency that results in the
discharge of manure or wastewater to surface water or groundwater or if the operator engages in a course of conduct that results
in repeated, material violations of the bill. (New Sec. 14(b) and
(d))

The bill would allow the Secretary to contract with persons or
entities to conduct inspections and review of records as required
by the bill. (New Sec. 14(e))

Nuisance Provisions

The bill would provide that the setbacks do not apply to new
habitable structures or city, county, state, or federal parks that
are established after existing swine facilities. Also the bill would
establish the presumption that owners of the habitable structure
or parks know that they will be subject to agricultural sights,
sounds, odors, or other farm characteristics. (New Sec. 15)

"Bad Actor" Provisions

The bill would permit the Secretary of KDHE to deny an
application for any permit or suspend or revoke any permit for a
swine facility, if the applicant, or any officer, director, partner, or
resident manager of the applicant has intentionally misrepresented
a material fact; habitually or intentionally violated environmental
laws of this or any other state or the United States where the
violation has caused significant and material environmental
damage; or had any permit revoked under the environmental laws
of this or any other state or of the United States. Before suspension or revocation the Secretary would have to give notice and
opportunity for hearing in accordance with the Kansas Administrative Procedures Act. Failure of the operator of a swine confined
feeding facility to implement any required manure management,
emergency response, odor control, facility closure, or dead swine
handling plan may render the operator liable for certain civil
penalties and subject to suspension of the facility permit with
notice and opportunity for a hearing. (New Sec. 16)

Dead Swine Plans

The bill would require that every swine facility with a capacity
of 1,000 or more animal units file with KDHE a plan for handling
of dead swine. The Secretary would adopt rules and regulations
establishing minimum standards, with the requirements that no
dead animal would be left where visible from roads or habitable
structures and that the carcasses would be picked up within 48
hours under normal circumstances, and that before disposal of all
dead swine would be kept within the perimeter from which
separation distances are determined, unless otherwise approved
by the Department. The bill would require that each facility
required to have a plan for handling dead swine would be
amended whenever warranted by changes in the facility or other
conditions affecting the facility. (New Sec. 17)

Certain "Qualified Swine Facility" Treatment

The bill would permit a "qualified swine facility" (see tax credit
provision for definition under Section 28) which expands to an
animal unit capacity of 3,725 or more to be subject to the
provisions of the bill as if the facility has an animal unit capacity
of 1,000 to 3,724 if:

KDHE determines that the swine waste management system
of the facility has the capacity to accommodate the expanded
capacity;

the expansion is located within the perimeter from which
separation distances are determined; and

the expansion does not exceed the lesser of an animal unit
capacity than is more than one-third greater than the capacity
of the facility on the effective date of the bill or an animal unit
capacity of 4,499. (New Sec. 18)

Best Available Technology and

Best Management Practices

The bill would require Kansas State University (KSU), to
cooperate with KDHE, other agencies and owners, and operators
of swine facilities to determine best available technology and best
management practices. Best management practices for swine
facilities would be defined to mean those schedules of activities,
maintenance procedures, and other management practices of a
swine facility that are designed to minimize or prevent pollution of
the air, water, or soil or to control odor, flies, rodents, or other
pests as determined by KDHE in consultation with KSU, owners
and operators of permitted swine facilities, and other appropriate
persons, entities, and state and federal agencies. (New Secs. 2
and 19)

University Studies

The bill also would require KSU, within the limitations therefor,
to conduct nutrient management testing of land where swine
waste is applied, including deep soil sampling. This testing would
be in conjunction with KSU's current lagoon study and would be
for the purpose of identifying potential risk of groundwater
contamination. The bill would require annual reporting of the
University's findings to the House and Senate Agriculture Committees, to the House Environment Committee, to the Senate Energy
and Natural Resources Committee, and to the Governor. (New
Sec. 19)

Secretary of KDHE Authority

The bill would stipulate that the Secretary of KDHE could
establish standards and requirements for swine facilities that are
in addition to or more stringent than those contained in the bill
and that those standards and requirements could apply to existing
facilities.

The bill would provide that the provisions of the bill which are
applicable to new construction or expansion of swine facilities
would apply to all facilities for which an application for a permit
has been received by KDHE on or after March 1, 1998. These
facilities would be required to comply with the standards imposed
by the bill at the time the permit for the construction or expansion
is granted or, if rules and regulations must be adopted in order to
implement the standards, then the new or expanding facilities
must comply within 180 days after the adoption of the rules and
regulations. (New Sec. 20)

Advisory Committee

The bill would require that the Secretary of KDHE appoint an
advisory committee to consult with and advise the Secretary on
the implementation and administration of the new provisions of
the bill dealing with swine facilities. The advisory committee
would consist of five members who represent persons knowledgeable and experienced in areas related to regulation of swine
facilities. (Sec. 21)

KDHE Rulemaking Requirements and

Reporting to the Legislature

The bill would require that the Secretary of KDHE adopt the
rules and regulations necessary to implement, administer, or
enforce the provisions of the bill before January 1, 1999.

The bill also would require that on or before the first day of
the 1999 and 2000 Legislative Sessions that the Secretary of
KDHE submit a report regarding the implementation of the
provisions of the bill to the House and Senate Agriculture Committees, the Senate Energy and Natural Resources Committee, and to
the House Committee on Environment. (New Sec. 22)

Kansas Chemigation Law Amendments

The bill would add new definitions to the Kansas Chemigation
Act with respect to "agronomic application rates" and "chemicals." "Agronomic application rates" would mean the method and
amount of swine waste that, in the Secretary of Agriculture's
discretion, best protects the environment, including consideration
of the crops or soil to which swine waste may be applied and the
economic impact associated with the application of swine waste.
(New Sec. 23)

The bill would require that regardless of whether irrigation
water is added or not, that whenever swine waste is applied to
crops or land, the Secretary of Agriculture would be authorized to
investigate, inspect, or conduct examinations or reviews of the
application of the waste. No swine waste would be applied to
crops or land in excess of agronomic application rates. The
Secretary of Agriculture would be required to review and approve
all nutrient utilization plans for the application of swine waste to
crops or land. The bill would require approval or disapproval
within 45 days. The Secretary of Agriculture would notify the
Secretary of KDHE when a nutrient utilization plan has been
approved. Soil testing would be paid for by the swine facility.
The bill would stipulate that failure of the operator of a swine
confined feeding facility to implement a nutrient utilization plan
approved by the Secretary of Agriculture would be considered a
violation of the Kansas Chemigation Safety Law for which the
Secretary of Agriculture may suspend a permit or impose a civil
penalty, or both. (New Sec. 24)

The bill would amend the Kansas Chemigation Act to allow the
Secretary of Agriculture to adopt criteria which follows the latest
scientific knowledge and technology which is designed to protect
groundwater and surface water of the state. This criteria would
be used to regulate the functional anti-pollution devices used in
the chemigation process to protect water sources from pollution.
(Sec. 25)

This section would give authority to the Secretary of Agriculture to enter premises to enforce the provisions of this bill relating
to the application of swine waste under the Kansas Chemigation
Act. (Sec. 26)

Composting of Dead Swine

Sec. 27 of the bill would allow there to be an additional means
to dispose of dead animals which would be in accordance with
rules and regulations of the Secretary of KDHE. New Sec. 37 of
the bill would allow the Secretary of KDHE to adopt rules and
regulations establishing standards and procedures for composting
livestock, including chickens and turkeys.

"Qualified Swine Facility" Tax Credit

The bill would permit a tax credit against the tax liability of a
taxpayer under the Kansas Income Tax Act in an amount equal to
not more than 50 percent of the costs incurred by the taxpayer
for required improvements to a "qualified swine facility." The bill
would define "required improvements to a qualified swine facility"
to mean capital improvements that the Secretary of KDHE certifies
to the Director of Taxation that are required to comply with the
standards and requirements established by the bill but not required
because of expansion. The term "qualified swine facility" would
mean a swine facility that is owned and operated by a sole
proprietorship or partnership or by a family farm corporation,
authorized farm corporation, limited liability agricultural company,
family farm limited liability agricultural company, limited agricultural partnership, family trust, authorized trust, or testamentary
trust as defined by K.S.A. 17-5903 and was utilizing its swine
waste management system on January 1, 1998. The bill would
require that, on or before the first day of the 1999, 2000, and
2001 Legislative Sessions, the Secretary of Revenue report to the
Senate Committee on Energy and Natural Resources, the House
Committee on Environment, the Senate Committee on Assessment
and Taxation, and the House Committee on Taxation with respect
to the number of taxpayers claiming the credit allowed under this
section and the total amount of credits claimed by all taxpayers.
(New Sec. 28)

The bill would prevent a taxpayer from claiming the tax credit
and also deducting the expenses in computing taxable income.
(Sec. 29)

Certain provisions of the bill would expire upon the enactment
of any law during the 1998 Legislative Session prohibiting the
Secretary from issuing any permit for a new swine breeding,
farrowing, feeding, or finishing facility, or any combination
thereof, regardless of size. (New Sec. 30)

Secs. 31 through 36 and Section 46 of the bill would restore
amended provisions of current law to their existing status if a bill
is passed during the 1998 Legislative Session which prohibits the
Secretary of KDHE from issuing any permit for a new swine
breeding, farrowing, feeding, or finishing facility, or any combination thereof.

New Sec. 38 of the bill would allow the board of county
commissioners, in any county which has conducted an advisory
election on the question of rescinding a resolution allowing swine
production facilities under the Kansas Corporate Farming Law, to
adopt a resolution rescinding a resolution adopted under the
Corporate Farming Law. The resolution would be submitted to the
qualified electors of the county at the next state or county-wide
regular or special election which occurs more than 60 days after
the adoption of the resolution. If the majority of the voters vote
in favor of the resolution, the county election officer would be
required to send a copy of the results to the Secretary of State.
The bill would require the Secretary of State to publish the results
in the Kansas Register and swine production facilities would not
be allowed to be established in that county. The bill would allow
a petition to put the issue on the ballot with respect to rescinding
the resolution. The bill would sunset this section on December
31, 1998. In addition, Sec. 39 would amend a section of the
county home rule law to prohibit counties from exercising their
home-rule powers to exempt themselves from the other provisions
of the bill. (Sec. 38 and 39)

Secs. 40 through 43 would prohibit the Secretary of Commerce and Housing from using any funds in the Kansas Industrial
Training Program or the Kansas Industrial Retraining Program for
the training or retraining of employees who are employed by a
"swine production facility" on "agricultural land" which is owned,
acquired, obtained, or leased by a "corporation," "limited liability
company," "limited partnership," "corporate partnership," or
"trust," as defined by the Kansas Corporate Farming Law. The bill
also would prohibit the Kansas Development Finance Authority
from issuing bonds for swine production facilities on agricultural
land owned, acquired, obtained, or leased by a corporation, limited
liability company, limited partnership, corporate partnership, or
trust.

Effective Date

The last provision of the bill is the effective date which is
upon publication in the Kansas Register. (Sec. 47)

Background

The House Committee of the Whole amended the bill to:

provide for a moratorium on swine facilities of 3,800 or more
animal units in counties which have voted against swine
production facilities;

require that KDHE consult with the KCC regarding the possibility of there being unplugged oil or gas wells in the vicinity of
the planned location of a swine lagoon or pond and to require
notice to KDHE if a well is discovered during construction of
a swine retention lagoon or pond;

require a county vote when a board of county commissioners
adopts a resolution allowing swine production facilities into a
county and to permit the proposition of allowing swine
production facilities in a county every two years if a petition
is submitted to the board of county commissioners;

prohibit the use of Kansas Industrial Training funds or Kansas
Industrial Retraining Programs for "swine production facilities"
as defined by the Kansas Corporate Farming Law and to
prohibit the Kansas Development Finance Authority from
issuing any bonds that would be used for "swine production
facilities"; and

require that any costs for implementing the provisions of the
bill, including additional state employees, be paid for with
moneys from the state Economic Development Initiatives
Fund.

The Senate Committee on Energy and Natural Resources
amended the bill to:

clarify that the bill does not require a permit of all swine
facilities with a capacity of 300-999 animal units;

clarify the types of liners required for facilities with an animal
unit capacity of 3,725 or more;

clarify that the provision requiring KDHE to consult with the
KCC regarding unplugged wells would be applicable to those
in the location of the lagoon or pond rather than in the
"vicinity" or the lagoon or pond;

eliminate provisions of the bill which would have provided for
a moratorium on swine facilities of 3,800 or more animal
units in counties which have voted against swine production
facilities;

eliminate a provision of the bill which would have required a
county vote when a board of county commissioners adopts
a resolution allowing swine production facilities into a county
and to permit the proposition of allowing swine production
facilities in a county every two years if a petition is submitted to the board of county commissioners;

return to current law with respect to the preparation of plans
and specifications for confined feeding facilities, with the
addition that if the plan and specifications are prepared by an
engineer or consultant that these individuals must be
approved by KDHE;

clarify that swine waste or manure may be applied to certain
soil types even if they are considered to be highly erodible by
wind;

specify that the provisions of the bill relating to the certification of operators of swine facilities or operators monitoring
or supervising a waste management system only applies to
those swine facilities having 1,000 animal units or more;

clarify that emergency response plans would be required of
all "permitted" facilities rather than to all swine facilities;

eliminate a provision which had provided that if a swine
facility was in compliance with all applicable requirements of
the bill and any other environmental law that the facility
would have been presumed not to be a nuisance under
K.S.A. 2-3202 (the right-to-farm legislation);

clarify that if a swine facility with a capacity of 3,725 or
more in existence on the effective date of the bill and
located where it is less than 150 feet, but more than 25
feet, to groundwater that monitoring wells would not be
required if the operator submits to KDHE engineering or field
data that prove compliance with the requirements to have a
compacted soil liner with a 1/8 inch per day seepage rate or
with an impermeable liner with a compacted soil liner with a
1/4 inch per day seepage rate;

clarify those who applicants would consult with to ensure
that correct agronomic rates of manure or wastewater are
applied (county extension agents, qualified agronomists, and
individuals trained in crop protection);

extend to 60 days the time in which KDHE may conduct a
public hearing after the conclusion of the 30-day comment
period;

require inspection of swine facilities every 24 months for
facilities with a capacity of 1,000 to 3,724 and allow KDHE
to inspect facilities of between 300 and 999 at its discretion;

clarify that notice of a new swine facility or an expansion
would occur in the Kansas Register, but that more detailed
information about the new facility or the facility to be
expanded would be available on the Internet and at the
district office of KDHE in the area of the facility;

clarify that with regard to the application of manure or
wastewater that measures be employed to irrigate under
conditions which reasonably prevent surface runoff and that
reasonable procedures and precautions be used to avoid
spray drift from the lands to which the manure or
wastewater is applied;

eliminate a provision which relates to the promulgation of
rules and regulations by the Secretary of KDHE with respect
to other species of livestock other than swine;

provide that all applicable new standards and requirements
for swine facilities that are imposed pursuant to the bill
would apply to any swine facility for which an application for
new construction or expansion is received by KDHE on or
after March 1, 1998 (certain plans for existing facilities are
required within 12 months after the effective date of rules
and regulations); and

allow boards of county commissioners in those counties
which have had an advisory election on the issue of whether
to allow "swine production facilities," to adopt a resolution
rescinding a resolution which had permitted swine production
facilities and for voters to petition the county commission to
place a resolution on the ballot (the resolution would be
submitted at the next county-wide election and if voted on
favorably then "swine production facilities" would not be
allowed in that county).

The Senate Committee of the Whole amended the bill to:

require that the Secretary of KDHE adopt the rules and
regulations necessary to implement, administer, and enforce
the provisions of the bill before January 1, 1999;

increase the separation distances from wildlife refuges for
new swine facilities to 10,000 feet (prior versions of the bill
had been 5,000 feet) for facilities of between 1,000 and
3,724 animal units and to 16,000 feet (prior versions of the
bill had been 6,000 feet) for facilities with more than 3,725
animal units; and

clarify the implementation of the provisions of the bill by
requiring that if rules and regulations are required to implement any standards or requirements in the bill that new
facilities or expanding facilities would be required to comply
within 180 days after the adoption of those rules and
regulations.

Other amendments by the Senate Committee of the Whole
were technical in nature.

1. *Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.ink.org/public/legislative/fulltext-bill.html.